Agricultural Product Standards Act, 1990 (Act No. 119 of 1990)RegulationsRegulations regarding the Classification, Packing and Marking of Edible Ices intended for sale in the Republic of South Africa - effective 1 July 2024Part IV: Marking Requirements23. Restricted particulars on containers and outer containers |
(1)
| (a) | No class designation other than the applicable class designation shall be marked on a container or outer container. |
| (b) | No word or expression which so nearly resembles the class designation of an Edible Ice product that it could be misleading with regard to the composition shall be marked on a container or outer container. |
(2)
| (a) | Depictions or illustrations of the specific fruit(s) added to or used in the manufacturing of Edible Ices shall only be allowed on a container or outer container if the Edible Ice product concerned has a total fruit content of at least 6% (m/m) or more fruit: Provided that— |
| (i) | in the case of the classes Frozen fruit sorbet and Frozen fruit ice consisting of two or more kinds of fruit, a depiction or pictorial representation of only those fruit species imparting the predominant flavour and aroma to the product concerned, shall, subject to the provisions of regulation 15(2), not be regarded as constituting any misrepresentation; and |
| (ii) | the requirements on Quantitative Ingredient Declarations (QUID), as specified in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972), have been complied with. |
| (b) | Depictions or illustrations of ingredient(s) other than those referred to in paragraph (a) above used to emphasise the presence of the ingredient(s) concerned on a container or outer container shall only be allowed if the requirements on Quantitative Ingredient Declarations (QUID), as specified in the regulations published under the Foodstuffs, Cosmetics and Disinfects Act, 1972 (Act No. 54 of 1972), have been complied with. |
| (3) | No word, mark, illustration, depiction or any other method of expression that constitutes a misrepresentation, or directly or by implication creates or may create a misleading impression regarding the quality, nature, class, origin or composition of Edible Ices shall be marked on a container or outer container. |
| (4) | No claim regarding the absence of any substance that does not normally occur in Edible Ices shall be marked on a container or outer container thereof, except in cases where it is allowed for in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972). |
| (5) | No claim which compares the total fat, saturated fat, cholesterol, sugar, sodium or salt, or energy value of two or more similar Edible Ices by using words such as "reduced", "less than", "fewer", "light" and "lite", or words having a similar meaning, shall be made on a container or outer container thereof, unless the following conditions are complied with: |
| (a) | The Edible Ice product shall be compared with a different version of the same or similar product. |
| (b) | The Edible Ice product being compared shall be clearly marked on the container with the following information: |
| (i) | A statement of the amount of difference in the energy value or relevant nutrient content, expressed as a percentage. |
| (ii) | The identity of the Edible Ice product(s) to which it is being compared in close proximity to or as part of the comparative claim. |
| (c) | The comparison shall be based on a relative difference of at least 25% in the energy value or nutrient content of an equivalent mass or volume. |
| (d) | The Edible Ice product shall be marked with the prescribed nutritional information declaration required in terms of the regulations published under the Foodstuffs, Cosmetics and Disinfects Act, 1972 (Act No. 54 of 1972). |
(6)
| (a) | The use of variant names which include any reference to a foodstuff , either directly or by implication, and which have been in use or allowed for on Edible Ices prior to 8 February 2013 (i.e. the date of publication of the first Edible Ices regulations in the Government Gazette) are permissible on a container or outer container, even though the reference to such foodstuff may in some instances consists of a flavouring only (e.g. 'Vanilla', 'Rum & Raisin', etc.): Provided that the manufacturer, owner, importer or retailer shall upon request provide the Executive Officer or inspector with the necessary evidence of such prior use within the Republic of South Africa. |
| (b) | The use of variant names other than those referred to in paragraph (a) above on a container or outer container which include any reference to a foodstuff, either directly or by implication, shall be— |
| (i) | subject to the requirements on Quantitative Ingredient Declarations (QUID), as specified in the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972), if the actual foodstuff is present in the Edible Ices product concerned; |
| (ii) | subject to the provisions of sub-regulation 16(4) if cocoa powder has been added; |
| (iii) | subject to the provisions of sub-regulation 16(5) if vanilla has been added; or |
| (iv) | followed by the word 'flavoured' in letters of the same size,type, colour and font if the reference to such foodstuff consists of a flavouring only. |
| (7) | The provisions of this regulation shall also apply to particulars that are marked on— |
| (a) | a Soft serve dispensing machine; |
| (b) | the container or the display freezer unit in the case of Edible Ices, excluding the class Soft serve, sold in single serve portions; |
| (c) | a notice board displayed at or in the immediate vicinity of Edible Ices that are kept or displayed for sale; and |
| (d) | all advertisements for Edible Ices. |